BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ 

 ) 

Application of ) 

 ) 

EUROATLANTIC AIRWAYS- ) 

TRANSPORTES AEREOS, S.A. ) 

 ) Docket No. OST-2008-0222 

For an exemption pursuant to 49 U.S.C. § 40109 ) 

and an amended foreign air carrier permit ) 

pursuant to 49 U.S.C. § 41301 ) 

 ) 

(EU-U.S. Scheduled) ) 

__________________________________________)

APPLICATION OF EUROATLANTIC AIRWAYS-TRANSPORTES AEREOS, S.A.

FOR AN EXEMPTION AND AMENDED FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be addressed to: 

December 11, 2014 

Josh Romanow 

Peter Nelson

PILLSBURY WINTHROP

 SHAW PITTMAN LLP

1200 Seventeenth Street, NW 

Washington, D.C. 20036 

Tel: (202) 663-8000 

Fax: (202) 663-8007 

E-mail: romanow@pillsburylaw.com

 peter.nelson@pillsburylaw.com 

 

Counsel for euroAtlantic AirwaysTransportes Aeros, S.A.

NOTE: Any person who wishes to support or oppose this Application must: (1) file an Answer; 

and (2) serve that Answer on counsel identified above and all persons served with a copy of this 

Application. Answers to the exemption application are due on December 26, 2014; answers to the 

permit application are due on January 1, 2015. euroAtlantic Airways intends to poll parties on the 

service list and will advise the Department of the results.
1

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ 

 ) 

Application of ) 

 ) 

EUROATLANTIC AIRWAYS- ) 

TRANSPORTES AEREOS, S.A ) Docket No. OST-2008-0222 

 ) 

For an exemption pursuant to 49 U.S.C. § 40109 ) 

and an amended foreign air carrier permit ) 

pursuant to 49 U.S.C. § 41301 ) 

 ) 

(EU-U.S. Scheduled) ) 

__________________________________________) 

APPLICATION OF EUROATLANTIC AIRWAYS-TRANSPORTES AEREOS, S.A.

FOR AN EXEMPTION AND AMENDED FOREIGN AIR CARRIER PERMIT

Pursuant to 49 U.S.C. § 41301, Part 211 of the Department’s economic regulations, and 

the Department’s rules of practice, euroAtlantic Airways-Transportes Aereos, S.A. 

(“euroAtlantic”), a foreign air carrier of Portugal, hereby applies for an exemption and amended 

foreign air carrier permit to provide scheduled foreign air transportation of persons, property, and 

mail to the full extent permitted under the open skies U.S. – EU Air Transport Agreement of 

June 21, 2011, as amended, (the “U.S.-EU Open Skies Agreement”), as more fully described 

herein.1

 This application is filed in abbreviated form pursuant to the Department’s notice of 

February 19, 2009 relating to Application Procedures for Foreign Air Carriers of the European 

Union. Consistent with the Department’s notices of May 3, 2007 and August 23, 2005 (Docket 

No. OST-2005-22228), euroAtlantic requests expedited processing of this application. 

 

1

 By Notice dated May 3, 2007, the Department invited foreign air carriers of the Member States of the European 

Community to apply for authority to operate to and from the United States under the US/EC Air Transport 

Agreement. See Docket OST-2007-28126. 
 

2 

The amended foreign air carrier permit sought herein will result in increased travel 

choices, greater service options, and enhanced competition, thereby benefiting consumers in both 

the United States and the Member States of the European Union. 

euroAtlantic currently holds an EU-U.S. open skies foreign air carrier permit authorizing 

the following charter operations: 

(a) foreign charter air transportation of persons, property and mail from any point or 

points behind any Member State of the European Community via any point or points 

in any Member State and via intermediate points to any point or points in the United 

States and beyond; 

(b) foreign charter air transportation of persons, property, and mail between any point or 

points in the United States and any point or points in any member of the European 

Common Aviation Area; 

(c) foreign charter cargo air transportation between any point or points in the United 

States and any other point or points; 

(d) other charters pursuant to the prior approval requirements set forth in part 212 of the 

Department's economic regulations; and 

(e) charter transportation consistent with any future, additional rights that may be granted 

to foreign air carriers of the Member States of the European Union. 

(See Order 2008-8-22) 

 In support of its application, euroAtlantic states as follows: 

1. The applicant’s full name is euroAtlantic Airways - Transportes Aereos, S.A. Its 

principal place of business is Rua das Sesmarias 3, Quinta da Beloura, Estrada de Albarraque, 

2710-692 Sintra, Portugal. 211.20(a) 

2. The government authority having jurisdiction over euroAtlantic is the Instituto 

Nacional de Aviaçao Civil (INAC), Rua B, Edificios 4, 5 and 6, Aeroporto da Portela, 1749-034 

Lisbon, Portugal. 211.20(b). 

3. Authority Requested: euroAtlantic seeks authority to conduct scheduled foreign 

air transportation as set forth below:

(a) foreign scheduled air transportation of persons, property and mail from any point or 

points behind any Member State of the European Union via any point or points in any 
 

3 

Member State and via intermediate points to any point or points in the United States 

and beyond; 

(b) foreign scheduled air transportation of persons, property, and mail between any point 

or points in the United States and any point or points in any member of the European 

Common Aviation Area; 

(c) foreign scheduled cargo air transportation between any point or points in the United 

States and any other point or points; 

(d) scheduled transportation consistent with any future, additional rights that may be 

granted to foreign air carriers of the Member States of the European Community. 

211.20(c)

4. euroAtlantic’s insurance meets the minimum requirements specified in 14 CFR 

Part 205. A copy of OST Form 6411, Foreign Carriers Certificate(s) of Insurance is attached as 

Exhibit A. The name of euroAtlantic’s insurance carrier is set forth on the Certificate. 211.20(h) 

5. Operating Authority: euroAtlantic’s current Air Operator Certificate (“AOC”) is 

attached as Exhibit B. 211.20(i)

6. Waiver of Warsaw Convention Liability Limits: An executed OST Form 4523 is 

already on file with the Department in Docket OST-2000-0222. 211.20(t) 

7. Foreign Air Carrier Family Support Act Plan: euroAtlantic’s plan has already 

been submitted to the National Transportation Safety Board, with a copy provided to the 

Department in Docket OST-1998-3304-1011. 

8. Summary of Passenger Manifest Information Collection Procedures: A summary 

of euroAtlantic’s procedures was filed previously with the Department in Docket OST-1998-

3305-0639. 

9. Fuel Consumption: The operation proposed by euroAtlantic will not result in a 

near term increase in fuel consumption of ten million gallons or more. Consequently, grant of 

the authority requested herein will not constitute a “major regulatory action” under the Energy 

Policy and Conservation Act of 1975, as defined in 14 C.F.R § 313.4 (a)(1). 
 

4 

10. Verification: The verification required by 14 C.F.R 302.4 (b) is attached hereto as 

Exhibit C. 

11. As demonstrated by the information provided herein, euroAtlantic is fully 

qualified to operate the services for which authority is herein requested, and grant of the 

requested authority will therefore serve the public interest.2 

WHEREFORE, for the foregoing reasons, euroAtlantic respectfully requests that the 

Department issue an exemption and amended foreign air carrier permit, under the expedited 

process and streamlined procedures set forth in the Department’s notices of, April 23, 2005, May 

3, 2007, and February 19, 2009 authorizing euroAtlantic to engage in foreign scheduled air 

transportation of persons, property, and mail to the full extent allowed under the U.S.-EU Open 

Skies Agreement. 

Respectfully submitted,

Josh Romanow 

Peter Nelson 

PILLSBURY WINTHROP SHAW PITTMAN LLP

1200 Seventeenth Street, NW

Washington, DC 20036 

Phone: (202) 663-8000 

Fax: (202) 663-8007 

Email: romanow@pillsburylaw.com

 peter.nelson@pillsburylaw.com

 

December 11, 2014 Counsel for euroAtlantic Airways-Transportes Aeros, S.A. 

 

2 That the authority sought by euroAtlantic in this application is authorized under a bilateral agreement is indicative 

that approval of this application is in the public interest. See S. REP. NO. 96-329, at 4 (1979), reprinted in 1980 

U.S.C.C.A.N. 54, 57 (“[T]he negotiation of a bilateral agreement itself represents a determination by the 

Government of the United States that the grant of route authority provided for under the bilateral is in the ‘public 

interest.’”).
 

5 

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing supplement to the Application of 

euroAtlantic Airways for a Foreign Air Carrier Permit has been served this, the 11th day of 

December, 2014, upon each of the parties below by electronic mail: 

John Chen 

Bill Pothier

FAA – New York International Field Unit

John.Y.Chen@faa.gov 

William.Pothier@faa.gov 

Sascha Vanderbellen

Chris Walker

Delta Air Lines, Inc.

sascha.vanderbellen@delta.com

chris.walker@delta.com 

Robert Wirick

Howard Kass

American Airlines, Inc.

robert.wirick@aa.com

howard.kass@aa.com 

Russell E. Pommer

Atlas Air Inc.

rpommer@atlasair.com

Paul Doell

National Air Carrier Association

pdoell@naca.cc 

Dan Weiss

Steve Morrissey

Continental Airlines

dan.weiss@united.com

steve.morrissey@united.com

Nancy S. Sparks 

Bailey Leopard

Federal Express Corporation 

nssparks@fedex.com 

gbleopard@fedex.com

Anita Mosner 

Jennifer Nowak

Counsel for UPS 

Holland & Knight 

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

/s/Peter Nelson 

Peter Nelson
 

EUROATLANTIC AIRWAYS TRANSPORTES AEREOS, S.A.

Index of Exhibits 

Exhibit Description

A Certificate of Insurance

B Air Operator Certificate

C Verification Statement
 

Exhibit A-1

EXHIBIT A

OST FORM 6411

FOREIGN AIR CARRIERS - CERTIFICATE OF INSURANCE

(Attached.)
 

Exhibit A-2
 

Exhibit A-3
 

Exhibit B-1

EXHIBIT B

AIR OPERATOR’S CERTIFICATE

(Attached.) 
 

Exhibit B-2
 

Exhibit B-3
 

Exhibit B-4
 

Exhibit B-5
Exhibit C-1